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Prosiding Seminar Hukum Aktual Fakultas Hukum Universitas Islam Indonesia
Published by Universitas Islam Indonesia
ISSN : -     EISSN : 30218586     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Prosiding Seminar Hukum Aktual Fakultas Hukum Universitas Islam Indonesia merupakan media publikasi karya ilmiah hasil seminar nasional yang mengkaji berbagai permasalahan terkini dalam bidang hukum pidana, hukum perdata, hukum internasional, hukum tata negara, dan hukum administrasi negara. Prosiding seminar nasional yang ditulis oleh penulis internal Fakultas Hukum UII maupun penulis eksternal tersebut diterbitkan sebanyak 6 (enam) kali dalam setahun yaitu Januari, Maret, Mei, Juli, September, dan November.
Arjuna Subject : Umum - Umum
Articles 296 Documents
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Kesetaraan Hak Wanita Dalam Kemandirian Secara Finansial Menurut Hukum Ham Internasional Islam Rury Octaviani; Shafiyah Rahmah
Prosiding Seminar Hukum Aktual Fakultas Hukum Universitas Islam Indonesia Vol. 2 No. 1 JANUARI 2024
Publisher : Fakultas Hukum Universitas Islam Indonesia

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Abstract

The Organization of Islamic Cooperation made a declaration intended for member states and has been recognized by the United Nations as an instrument of international Islamic human rights called the Cairo Declaration. Article 6 of the Cairo Declaration enumerates the principle of equal rights of women in financial independence. In the current era of globalization, it encourages women to gain financial independence, but in reality women often get dishonorable treatment. Such as sexual harassment at work, on public transport and other public places. The purpose of this study is to find out why Islam emphasizes the need for financial independence in the perspective of international human rights and find the commitment of the Indonesian state as an OIC member state to take part in legal protection for women in order to fulfill women's financial independence. To achieve the objectives of this study, normative juridical research methods are used by conceptual approaching with the principle of gender equality. The expected recommendation is that the Islamic human rights perspective allows for financial independence with the permissible limitations in Islam. The Government of Indonesia fulfills international obligations not only as a member state of the OIC but also as a state party to international agreements governing the principle of women's equality.
Menimbang Masa Depan Hukum Islam Dalam Pembentukan Hukum Internasional Via Mahkamah Internasional Eka An Aqimuddin
Prosiding Seminar Hukum Aktual Fakultas Hukum Universitas Islam Indonesia Vol. 2 No. 1 JANUARI 2024
Publisher : Fakultas Hukum Universitas Islam Indonesia

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Abstract

Apart from the state, the International Court of Justice (ICJ) also plays a significant role in shaping international law through its rulings and legal advisors. Article 38 of the ICJ Statute states that the ICJ is nevertheless only permitted to use traditional legal sources to perform its duties. In order to achieve the universalism of international law, the Court, as an organization that represents legal systems around the world, ought to be permitted to rely on Islamic law as one of its legal sources when performing its duties. Consequently, Islamic law can be represented in developing international law. This article proposes the potential influence of Islamic law on the development of international law in the future through the ICJ. Through an inter-civilizational perspective, international law can be understood as a discourse among different civilizations worldwide. In this context, Islamic law must actively participate in this debate as a representative of a legal system and identity.
Binding Sources of International Law vis-à-vis Uṣūl al-fiqh: Towards Developing the Turath on Fiqh al-Siyar Fajri Matahati Muhammadin
Prosiding Seminar Hukum Aktual Fakultas Hukum Universitas Islam Indonesia Vol. 2 No. 1 JANUARI 2024
Publisher : Fakultas Hukum Universitas Islam Indonesia

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Abstract

Some contemporary Islamic scholars often merely regurgitate classical scholarship of fiqh al-siyar (Islamic international law) while oblivious of major shifts in the world order back then versus today. Other contemporary scholars do the opposite mistake: going straight to the Qur’an and Sunnah, ignoring over a millennium worth of turath (Islamic scholarly tradition) and end up cherry-picking verses to support inferiority-complex-infused versions of Islam and subjugated by Eurocentric notions of international law. Hence, fiqh al-siyar is currently in a state of lethargy in turath requiring major projects for development. My research will touch uṣūl al-fiqh (jurisprudence) specifically regarding the sources of Islamic law and how, from them, ijtihad is conducted when interacting with contemporary international law. This is among the foundational issues upon which many further developments of fiqh al-siyar need to be established. I apply Al-Attas’s “Islamization of Contemporary Knowledge” approach to comprehensively analyze the sources of international law to consider how Islamic law should react and respond to them. For this project, I focus on formally binding sources of international law (treaties, customary international law, general principles of law, and jus cogens). My two findings: (a) most of these sources should not be categorically accepted or rejected (must be carefully considered case-per-case), and (b) jus cogens, in terms of legal status, should be categorically rejected.
Pengaturan Hukum Lingkungan Internasional Terkait Pencemaran Udara Akibat Kebakaran Hutan dalam Perspektif Hukum Islam Magdariza
Prosiding Seminar Hukum Aktual Fakultas Hukum Universitas Islam Indonesia Vol. 2 No. 1 JANUARI 2024
Publisher : Fakultas Hukum Universitas Islam Indonesia

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Abstract

In recent years, forest fires have frequently occurred in Indonesia, especially forests in Sumatra and Kalimantan. Not only that the certain impacts of forest fires have damaged the forest and land ecosystems, the emergence of thick smokes polluting the air as a direct result of forest and land fires has led to the emergence of new disasters. The accumulation of smokes did not only occur at the location of the fire, but it had spreaded throughout almost the entire island of Sumatra, Kalimantan and parts of Java. It had even reached the closest neighbouring countries. Areas in Malaysia, Singapore and Brunei Darussalam were likewise affected by the smokes. These forest fires are the cause of transboundary air pollution which is contrary to the principles of international environmental law. One of the Principles of International Environmental Law is well-known as "Sic Utere Tuo Ut Alienum Non Laedes" which dictates that a country is prohibited from carrying out or allowing activities that could harm other countries. The consequences of these violations can be the basis for holding accountable the states that have committed acts that are detrimental to other countries. Another related principles is "The Polluter Pays Principles" which determines that the one who pollutes is the one who is obligated to pay.
Pembuktian Dalam Perkara Permohonan Izin Poligami di Indonesia (Studi Kasus Putusan Nomor 3977/Pdt.G/2019/PA.Dpk) Abednego Ozora; Reinaldy; Renee Lim; Rizky Karo Karo; Samuel Kaban Solavide
Prosiding Seminar Hukum Aktual Fakultas Hukum Universitas Islam Indonesia Vol. 2 No. 2 MARET 2024
Publisher : Fakultas Hukum Universitas Islam Indonesia

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Abstract

In marriage, rights and obligations arise that bind both parties in the hope of achieving inner peace and creating a happy and prosperous family. Marriage is seen as a noble thing in society's view which is based on a reciprocal bond of love and affection between a man and a woman. However, in marriage, there is a problem that is being discussed to this day, namely the issue of polygamy. Polygamy is the practice of a man having more than one wife simultaneously. In this research, we will discuss the Case Study of Decision Number 3977/Pdt.G/2019/PA.Dpk. This research was conducted to understand how evidence works in Civil Procedure Law, study the legal basis and procedures for polygamy in Indonesia, and analyze the relevance of the evidence submitted to the judge's consideration in the application for a polygamy permit in the decision adopted by the authors. Based on the research, it is concluded that the law of evidence in civil cases is included in the HIR and BW, and plays an important role in the trial process to reveal legal facts. Furthermore, the legal basis for polygamy is regulated in the Marriage Law and Presidential Instruction Number 1 of 1991 concerning the Dissemination of the Compilation of Islamic Law. Through this research, it is also concluded that in this case study,, the Proof of Statement of Capability for Marriage/Polygamy fulfilled the cumulative requirements related to polygamy according to the Law, but the alternative requirements related to the inability of the requested party were not met in the trial. In addition, witness testimony proves that the Petitioner has the ability to guarantee and finance the household needs of his wife and children.
Penggunaan Kontrak Elektronik Dalam Bidang Keperdataan Pandam Nurwulan
Prosiding Seminar Hukum Aktual Fakultas Hukum Universitas Islam Indonesia Vol. 2 No. 2 MARET 2024
Publisher : Fakultas Hukum Universitas Islam Indonesia

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Abstract
Penggunaan Alat Bukti Elektronik Dan Problematikanya Dalam Sengketa Perdata Di Pengadilan Rizky Ramadhan Baried
Prosiding Seminar Hukum Aktual Fakultas Hukum Universitas Islam Indonesia Vol. 2 No. 2 MARET 2024
Publisher : Fakultas Hukum Universitas Islam Indonesia

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abstract
Perlindungan Hukum Investor Publik dalam Praktik Perdagangan Orang dalam di Indonesia Endang Sholehin; Retno Wulansari
Prosiding Seminar Hukum Aktual Fakultas Hukum Universitas Islam Indonesia Vol. 2 No. 2 MARET 2024
Publisher : Fakultas Hukum Universitas Islam Indonesia

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This research aims to find out about how the form of legal protection for public investors against insider trading cases and to find out how the efforts made by the OJK or other institutions in handling insider trading cases. This type of research is normative legal research. The approach method used is a legal approach or approach based on legislation. The data sources obtained consist of secondary data sources through primary legal materials, secondary legal materials, and tertiary legal materials. The results of this study are first, In the Insider Trading case committed by Rajiv Louis, it fulfills all the elements of Insider Trading regulated in Article 95 of Law Number 8 of 1995. The form of protection or law enforcement in regulating insider trading includes three things, namely civil, criminal and administrative enforcement. The capital market law itself has provided a basis for law enforcement as a protection effort for any violations in capital market activities, namely the existence of administrative sanctions (Article 102 of the capital market law), criminal sanctions (Article 110 of the capital market law), civil sanctions (Article 111 of the capital market law). The form of legal protection itself can be in the form of legal structure and legal substance, both of which are interconnected to provide legal certainty and protection. Second, the role of OJK in this case
Fair Use Copyright Intellectual Property Law Oracle vs Google Case Study Yulio Iqbal cahyo Arsetyo
Prosiding Seminar Hukum Aktual Fakultas Hukum Universitas Islam Indonesia Vol. 2 No. 2 MARET 2024
Publisher : Fakultas Hukum Universitas Islam Indonesia

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Abstract

Intellectual property (IP) is a kind of intellectual property that has been remarkably difficult to classify as a specific form of IP subject matter because its dual nature presents particular difficulties for those trying to draw analogies with existing legal categories. With the development of technology there was a new challenge for Intellectual property concept and it was about position of software in the world of intellectual Property. With now era of technology begin, there was new legal issue regarding intellectual property was rises. This case will inloved how google use Oracle copyrighted material the Java programing language especially the regarding the Application programming interface which created a 9 year long legal battle. From the back story this case actually was reveal that Google loan some of Java program Asset to uses in the Google Android Development Kits especially the API. By means of observing, studying and testing the behavior of SAS Institute's program, WPL reproduced the functionality of that program by using the same programming language and the same format of data files.
Perkembangan dan Isu-Isu Hukum Utama Berkaitan dengan Penerapan Smart Contract Berbasis Blockchain Mario Nurcahyanto
Prosiding Seminar Hukum Aktual Fakultas Hukum Universitas Islam Indonesia Vol. 2 No. 2 MARET 2024
Publisher : Fakultas Hukum Universitas Islam Indonesia

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